Page 185 - 玄礼四方——中国古代玉器

Company, its divisions, affi liates, subsidiaries or parent company, or China Guardian, 4. To institute a legal action against the Buyer, demanding that he or she damage to an Auction Property and/or any manner of restored piece and/or Article 36 Notices
its divisions, affiliates, subsidiaries or parent company, the Company and/or the compensate it for all the losses incurred as a result of his or her breach of any repaired piece (including repainting or overpainting) shall not be deemed a The Bidder and the Buyer shall inform the Company of their fixed and valid
Seller reserve the right of possession /lien or any other lawful relieves. contract, including the interest losses arising due to delay in payment or refusal forgery. correspondence address and contact information by the method specifi ed in the
to pay by the Buyer; Please note that the foregoing warranty shall not apply if: bidding registration documents or other method approved by the Company. In the
Article 27 Transfer of Risks 5. To exercise a lien on the Auction Property in question and any other Auction (1) The information in the catalogue is based on the generally accepted opinions of event of a change, the Company shall be promptly informed thereof in writing.
Once a successful bid has been made, the risks attaching to the Auction Property Property of the Buyer purchased under the auspices of the Company, and any academics and experts on the selling date, or said information in the catalogue The notices mentioned herein only refer to written notices sent by post, by email, by
shall be solely borne by the Buyer once any of the following circumstances (whichever other property or property rights of the Buyer that may be in the Company’s indicates that there exist confl icts in such opinions; or fax or by the Company’s mobile app (“Mobile App”). A notice shall be deemed as
is earlier) arises: possession for any reason, and all expenses and/or risks arising during the (2) On the selling date, the only means of proving that the Auction Property in served at the following times:
1. the Buyer collects the Auction Property; or duration of the lien shall be borne by the Buyer. If the Buyer fails to perform all question is a forgery is not generally available or recognized at such time, is 1. If served by hand, at the time it reaches the address of the relevant Party;
2. the Buyer pays all of the Purchase Price for the Auction Property to the of his or her relevant obligations by the deadline designated by the Company, extremely expensive or is impractical; or may already have caused damage to 2. If by post, the seventh day after it is posted;
Company; or the Company shall have the right to dispose of the subject matter of the lien the Auction Property or may (in the reasonable opinion of the Company) already 3. If by fax, when transmission is confi rmed by the sending fax machine;
3. the lapse of seven days after the Sale Date. after issuing notice to the Buyer that it is exercising its lien rights and if the have caused the Auction Property to lose value; or 4. If by email, when delivery is confi rmed by the email record;
Buyer fails to discharge all outstanding amounts within 30 days after issuance (3) If, based on its description, the Auction Property has not lost any material value. 5. A notice sent by the Company through Mobile App shall be deemed to be
Article 28 Collection of the Auction Property of such notice. If the proceeds from the disposal of the subject matter of 2. The period specifi ed by this warranty simply provides the Buyer an exclusive received by the Bidder and the Buyer on the date when it is delivered.
The Buyer must, within seven days from the Sale Date, proceed to the Company’s the lien are insufficient to offset all the monies payable by the Buyer to the non-transferrable benefi t for 5 years after the relevant Auction Date. To lodge a
address or other location designated by the Company to collect the Auction Company, the Company shall have the right to separately recover the same; claim based on this warranty, the Buyer must: Article 37 Severability
Property he or she purchased. The Buyer shall be solely responsible for purchasing 6. If the Buyer still has not paid all of the Purchase Price in full to the Company (1) notify the Company in writing within three months after the receipt of any If any provision or part hereof is found invalid, unlawful or unenforceable for any
insurance for the Auction Property he or she purchased once the risks pass to him within 90 days from the Sale Date, the Company shall have the right (but shall information which leads the Buyer to doubt the authenticity or attributes of reason, the other provisions and parts hereof shall remain valid, and the relevant
or her. If the Buyer fails to collect the Auction Property within seven days from the not be obliged) to decide, at its absolute discretion, to cancel the transaction the Auction Property, specifying the reference number of the Auction Property, parties shall abide by and perform the same.
Sale Date, he or she shall bear all of the relevant costs for storing, handling, insuring, or agree to cancellation of the transaction by the Seller, and reserves the right the date on which the Auction Property was purchased and the reasons for
etc. the Auction Property in question, and he or she shall bear all of the liability to recover all of the losses suff ered by the Company due to cancellation of the believing that the Auction Property is a forgery; Article 38 Laws and Jurisdiction
for the Auction Property he or she purchased. Furthermore, notwithstanding the transaction; (2) return the Auction Property to the Company in a condition identical to that on (1) These Conditions and related matters, transactions and any disputes arising
Auction Property remaining in the custody of the Company or another agent, none 7. To offset any amount related to the Auction Property owed by the Buyer to the date on which it was sold to the Buyer, and provided that good title thereto from, or in connection with, participation in the auction conducted by the
of the Company, its employees or agents shall be liable for damage to or loss of the the Company against any amount owed from any other transaction by the is transferrable and no third party claims have been made in respect thereof Company pursuant hereto shall be governed by, and construed in accordance

Auction Property, regardless of the reason the same arises. Company, its divisions, affi liates, subsidiaries or parent, or China Guardian, its since the selling date. with, the laws of Hong Kong.

divisions, affi liates, subsidiaries or parent to the Buyer; 3. With respect to contemporary and modern art, Chinese oil paintings and (2) Subject to Article 38.3 below, the Hong Kong courts have exclusive jurisdiction
Article 29 Packing and Shipping 8. To decide at its discretion to use any monies paid by the Buyer to discharge the Chinese paintings and calligraphy, although academic circles do not permit to settle any disputes arising out of or in connection with any auctions

The packing and processing by the employees of the Company of the purchased amount owed by the Buyer to the Company, its divisions, affi liates, subsidiaries the making of defi nitive statements in respect thereof at present, the Company conducted by the Company (the “Disputes”). All of the Company, the Buyer

Auction Property as required by the Buyer shall solely be deemed as a service or parent, or China Guardian, its divisions, affi liates, subsidiaries or parent in reserves the discretion, pursuant to this warranty, to cancel transactions of and the Bidder agree that the Hong Kong courts are the most appropriate and
provided by the Company to the Buyer, and the Company may decide at its own connection with the Auction Property or other transaction; contemporary and modern art, Chinese oil paintings and Chinese paintings convenient courts to settle the Disputes and accordingly no party will object to
discretion whether to provide such service. If any losses arise therefrom, they 9. To refuse any future bids made by the Buyer or his or her agent, or to charge and calligraphy that are confi rmed to be forgeries, but only within one year after submit to the exclusive jurisdiction of Hong Kong courts.
shall solely be borne by the Buyer. Under no circumstance shall the Company be him or her a bid deposit before accepting his or her bids; the Auction Date. The amount paid shall be refunded to the Buyer pursuant to (3) This Article 38.3 is for the benefi t of the Company only. The Company shall not
liable for damage to glass or frame, box, backing sheet, stand, mounting, inserts, The Company is aware that the Auction Property is unique and irreplaceable, if either this Article, provided that the Buyer provides to the Company evidence (by the be prevented from taking any proceedings relating to the Disputes in any other
rolling rod or other similar auxiliary object arising for any reason. Furthermore, the the Seller or the Buyer defaults, the payment of damages by one party to another methods set forth in clauses 2 and 4 of this Article) confi rming that the Auction courts with jurisdiction. To the extent allowed by law, the Company may take

Company shall not be liable for any errors, omissions, damage or loss caused by shall not be a suffi cient remedy to the observant party. Accordingly, the Company, Property is a forgery within one year from the Auction Date; concurrent proceedings in any number of jurisdictions.
the packing company or removal company recommended by the Company to the the Buyer and the Seller agree that any such breach, the observant party may apply 4. The Company may, at its discretion, decide to waive any of the foregoing
Buyer. to the court to order specifi c performance, requiring the defaulting party to perform provisions. The Company shall have the right to request that the Buyer obtain, Article 39 Language
his/her obligations under these Conditions or their ancillary documents. at his or her expense, reports from two experts acceptable to the Company and The Chinese language version hereof shall be the governing version and the English
the Buyer who are independent and recognized in the industry. The Company
Article 30 Import/Export and Permits language version shall be for reference only.
The Buyer shall himself or herself be responsible for securing any relevant import Article 32 Remedies for Delay in Collecting the Auction Property shall not be subject to any report presented by the Buyer, and reserves the right In the event of a discrepancy between the English language version and the Chinese
and export, endangered species or other permit for the Auction Property. A failure If the Buyer fails to collect the purchased Auction Property within seven days from to seek the opinion of additional experts at its own expense. language version, the Chinese language version shall prevail.
or delay in obtaining any required permit shall not be deemed as grounds for the Sale Date, the Company shall have the right to take one or more of the following
cancelling the purchase or delaying payment of the Purchase Price by the Buyer. measures: Article 34 Obtaining Information, Video Taking Article 40 Ownership of Copyright in the Conditions
The Company shall not bear any liability for the failure to duly complete or submit the 1. To take out insurance coverage for the Auction Property and/or store the same With respect to the operation of the Company’s auction business, the Company may These Conditions are formulated and shall be revised by the Company, and the
required import or export waybill, list or documents. on Company premises or elsewhere, with all of the costs (including but not make audio recordings, video recordings or keep a record of any auction process, relevant copyrights shall vest in the Company. Without the prior written permission
If the Buyer requests that the Company apply for an export permit on his or her limited to charging the Storage Fee specifi ed on the Bidder Registration Form and may need to collect personal information from the Bidder or request information of the Company, no one may use these Conditions in any manner or way to obtain
behalf, the Company shall have the right to charge him or her a separate service from the 31st day following the Sale Date) and/or risks arising therefrom borne about the Bidder from third parties (such as requesting a credit review from a bank). commercial benefits, and may not take copies of, communicate or store in any
fee for such service. However, the Company does not warrant that such export by the Buyer. In such a case, the Buyer may collect the Auction Property Such information will be processed and kept confi dential by the Company. However, searchable system any part hereof.
permit will be issued. Neither the Company nor the Seller gives any representations (packing and handling charges, freight and insurance charges, export related relevant information may be provided to the Company, its divisions, affiliates,
or warranties as to whether or not any Auction Property is subject to import/export charges at the sole expense of the Buyer) only after he or she has paid all of the subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or Article 41 Term of Applicability
restrictions or any embargo. Purchase Price in full; parent in order to assist the Company in providing excellent services to Bidders, These Conditions shall apply solely to the upcoming auction. The Company
2. If the Buyer fails to collect the relevant Auction Property by the deadline carrying out client analyses, or providing services that satisfy the requirements of may update these Conditions from time to time. When the Bidder and the Buyer
prescribed herein, he or she shall solely be liable for all the risks and expenses Bidders. For the benefi t of the Bidder, the Company may also be required to provide

Article 31 Remedies for Non-Payment and Specific Performance participate in another auction, then applicable Conditions of Business for Buyers
If the Buyer fails to make payment in full pursuant to these Conditions or any arising after the expiration of such deadline. certain personal information of the Bidder to third party service providers (such as shall prevail.
payment arrangement agreed with the Company, the Company shall have the right shipping companies or warehousing companies). By participating in the auction by
to take one or more of the following measures: Article 33 Limited Warranties the Company, the Bidder indicates that he or she consents to the foregoing. If the Article 42 Right of Interpretation
1. If the Buyer fails to pay all of the Purchase Price in full to the Company within 1. The general warranties provided to the Buyer by the Company are as set forth Bidder wishes to obtain or amend his or her personal information, he or she is asked During routine performance hereof, the right to interpret these Conditions shall be
7 days from the Sale Date, the Company shall have the right to engage a third below: to contact the customer service department. exercised by the Company. In the event of a legal dispute between the Buyer and
party organization to collect all or part of the outstanding Purchase Price from If it is discovered after an Auction Property is sold by the Company that the the Company, the right of interpreting these Conditions, when resolving the dispute,
the Buyer; same is a forgery, the Company will, in accordance herewith, cancel the Article 35 Copyright shall be exercised by the competent court.
2. If the Buyer fails to pay the Purchase Price in full within 7 days from the Sale transaction and refund to the Buyer in the original currency the Hammer price The Seller authorizes the Company to produce photos, illustrations, a catalogue, or
Date, the Company shall have the right to charge interest at the rate 0.03% per together with the Buyer’s Commission paid by the Buyer to the Company in other form of video recording of, and publicity materials for, any Auction Property Date of this version: 11 May 2022
th
day on the Buyer’s outstanding amount starting from the 8th day after the Sale respect of the Auction Property. that he or she has consigned to the Company for auction, and the Company enjoys Address of the Company: 5th Floor, Tower One, Lippo Centre, 89 Queensway, Hong
Date until the date on which the Buyer pays the entire amount in full, unless the For the purposes of the foregoing, a forgery, based on the reasonable opinion of the copyrights therein, and has the right to use the same in accordance with the law. Kong
Buyer and the Company agree otherwise; the Company, means such things as a forged work or intentional concealment Without the prior written consent of the Company, neither the Buyer nor anyone else
3. All risks and charges relating to insurance coverage taken out on the Auction or a fraudulent claim in respect of the source, place of origin, date, production may use the same. Neither the Company nor the Seller gives any representations or
Property, removal thereof, or storage thereof, at or from the Company or year, age, culture or origin, etc. of a work, and a correct description of the warranties as to whether the Auction Property is subject to copyright or whether the
elsewhere shall be borne by the Buyer; foregoing is not included in the catalogue (considering any terms of art). Any Buyer secures any copyright in the Auction Property.